Article XIII. Limitations · Part 2. Personal Actions · Last amended 2026 · Last verified July 20, 2026
In one sentenceSets a 20-year discovery-based deadline for childhood sexual abuse claims tied to when the victim turns 18 or discovers the abuse and injury, but a later subsection states these actions may in fact be commenced at any time.
"Childhood sexual abuse" means an act of sexual abuse that occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual conduct and sexual penetration as defined in Section 11-0.1 of the Criminal Code of 2012.
(b)Notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor must be commenced within 20 years of the date the limitation period begins to run under subsection (d) or within 20 years of the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor. The fact that the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred is not, by itself, sufficient to start the discovery period under this subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse.
(c)If the injury is caused by 2 or more acts of childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor that are part of a continuing series of acts of childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor by the same abuser, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the last act of childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor in the continuing series occurred and (ii) that the injury was caused by any act of childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor in the continuing series. The fact that the person abused discovers or through the use of reasonable diligence should discover that the last act of childhood sexual abuse in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse. (d) The limitation periods under subsection (b) do not begin to run before the person abused attains the age of 18 years; and, if at the time the person abused attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability.
(d-1)The limitation periods in subsection (b) do not run during a time period when the person abused is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud perpetrated by the abuser or by any person acting in the interest of the abuser.
(e)This Section applies to actions pending on the effective date of this amendatory Act of 1990 as well as to actions commenced on or after that date. The changes made by this amendatory Act of 1993 shall apply only to actions commenced on or after the effective date of this amendatory Act of 1993. The changes made by this amendatory Act of the 93rd General Assembly apply to actions pending on the effective date of this amendatory Act of the 93rd General Assembly as well as actions commenced on or after that date. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
(f)Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse or a violation of Section 10-9 of the Criminal Code of 2012 in which the victim is a minor may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly.
Plain-English Summary
This section defines "childhood sexual abuse" as abuse occurring while the victim is under 18, and its main limitations rule, in subsection (b), gives the victim 20 years from when the period begins to run under subsection (d), or 20 years from discovering both that the abuse happened and that the resulting injury was caused by it. Discovering that the abuse occurred, by itself, doesn't start that discovery clock — the victim must also discover the causal link to the injury. When the injury comes from a continuing series of acts by the same abuser, subsection (c) computes the discovery period from the last act in that series.
Subsection (d) delays the start of the 20-year period until the victim turns 18, and further delays it if the victim is under another legal disability at 18. Subsection (d-1) also pauses the period entirely during any time the victim is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud from the abuser or someone acting in the abuser's interest.
Subsection (f), added later, states — "notwithstanding any other provision of law" — that an action for childhood sexual abuse damages may be commenced at any time, subject to a savings clause tied to the amendment that added it. Read against subsection (b)'s 20-year rule, subsection (f)'s own text is the one that controls given its "notwithstanding" language: Illinois law does not cap the time a childhood sexual abuse survivor has to sue.
Frequently Asked Questions
What is Illinois's statute of limitations for childhood sexual abuse?
Subsection (f) states that such an action may be commenced at any time, notwithstanding any other provision of law.
Then why does the section also describe a 20-year deadline?
Subsection (b) sets out a 20-year discovery-based period, but subsection (f) was added later and expressly overrides other provisions of law, including that 20-year rule.
When does the discovery clock start under subsection (b)?
From when the victim discovers both that the abuse occurred and that the resulting injury was caused by the abuse — discovering the abuse alone isn't enough.
Does the period run while the abuser is threatening or manipulating the victim?
No. Subsection (d-1) pauses the limitation period during any time the victim is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud from the abuser.
What if the abuse was part of a continuing series by the same abuser?
The discovery period is computed from when the victim discovers the last act in that series and the injury it caused, under subsection (c).
Amendment History
(Source: P.A. 104-159, eff. 1-1-26.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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